CMM DIGEST

Abeto v. Garcesa
December 29, 1995
A.M. No. P-88-269
(The Law on Public Officers, Civil Service Laws, Election Laws)
Petitioner: Abeto
Respondent: Garcesa (Court Stenographer, RTC 45, Bacolod)
Ponente: Davide
FACTS:
Abeto filed a complaint against Garcesa (Court stenographer) with the OCA:
charges the respondent with having misrepresented himself as a fullfledged lawyer
and having acted as one of the authorized representatives of the complainant and his
cocomplainants in labor cases with the NLRC despite the fact that he is a court
employee.
Defense of Gracesa:
admits having assisted the complainants in the aforementioned labor cases; denies
having misrepresented himself as a lawyer; and explained the nature of the
assistance he had given to the complainants. When he first met Abeto, he frankly
informed the latter that he is only a court employee and that he is only assisting or
helping Mr. Ronquillo, for at that time no lawyer dared to assist the complainants in
filing their cases. This Ronquillo is the Vice President of a labor union whose
assistance was sought by complainant Abeto and the other complainants in the labor
cases for the filing and prosecution of their cases. The respondent further alleges that
the instant complaint arose out of illfeeling and is designed to malign and destroy his
name and reputation as a court employee.
Findings of Court Administrator:
Revised Civil Service Rules provide: Sec. 12. No officer or employee shall engage
directly in any private business, vocation, or profession or be connected with any
commercial, credit, agricultural or industrial undertaking without a written permission
from the head of Department: Provided, That this prohibition will be absolute in the
case of those officers and employees whose duties and responsibilities require that
their entire time be at the disposal of the Government: Provided, further.
SC Administrative Circular No. 5 (October 1988): The entire time of Judiciary officials
and employees must be devoted to government service to insure efficient and
speedy administration of justice
Recommended penalty of reprimand
HELD: Garcesa was reprimanded.
RATIO:
He is liable for malfeasance in office in violating Revised Civil Service Rules.
Garcesa signed with Ronquillo as authorized representative of the complainants in
an ex-parte formal manifestation in the labor case. He admitted having extended
casual assistance to Ronquillo in the filing and prosecution of the case. His
justification (to help poor workers of BISCOM Central) will not absolve him from
administrative liability.
However, he could not be liable for unauthorized practice of law.
No convincing evidence that he misrepresented himself as a lawyer. His appearance
was in his capacity as one of the representatives of the complainants in the labor
cases and not as a lawyer.
He could not be held liable under OP Memo Circular No. 17 (1986) the authority to grant
permission to any official or employee to engage in outside activities shall be granted by
the head of the ministry (department) or agency
In SC Admin Circular No. 5, the SC said that this is inapplicable to officials or
employees of the Court: provisions of Memorandum Circular No. 17 of the Executive

CMM DIGEST
Abeto v. Garcesa
December 29, 1995
A.M. No. P-88-269
(The Law on Public Officers, Civil Service Laws, Election Laws)
Department are not applicable to officials or employees of the courts considering the
express prohibition in the Rules of Court and the nature of their work which requires
them to serve with the highest degree of efficiency and responsibility, in order to
maintain public confidence in the Judiciary. entire time of Judiciary officials and
employees must be devoted to government service to insure efficient and speedy
administration of justice